Land Registration Systems

• Author: Tina Kamakaris/Jane Kamakaris/Louis Kamakaris
• Pages: 571-580

571

Chapter 31 Land Registration Systems

CHAPTER 31

In most Canadian jurisdictions, land registration systems are similar in that land falls either

within the land titles system and/or the registry system. As well, most Canadian provinces have

automated their paper-based records and converted to electronic systems. e discussion in this

chapter of the Ontario registry and land titles systems also applies to other provinces/territories,

with appropriate modication.

LAND REGISTRATION SYSTEMS

e Ontario Ministry of Government and Consumer Services manages the system of land regis-

tration. Basically, the purpose of the land registry system is as follows:

(1) to provide a public record of land ownership;

(2) to give public notice of any debts or other encumbrances, e.g. charges/mortgages,

liens, etc. on a property so as to protect lenders against lending money on properties that

are already indebted; and

(3) to establish a priority of debts, the order of which is generally sequenced on a “rst

registered rst paid” basis.

Two systems ere are two land registration systems operating concurrently in Ontario: the

old Registry system and the newer Land Titles system. e reason the two co-exist is that when

the Land Titles system was originally introduced, it was too costly to convert the old Registry

system records to the new system. Most properties in Ontario are in the Land Titles system.

REGISTRY SYSTEM

e Registry system dates back to 1792 when the Crown originally registered in that system

land that individuals could buy from the Crown. e Registry system is said to be a “registry of

documents.” Pursuant to s. 74 of the Registry Act, registration of a document constitutes notice

of the document only and not necessarily of the legal eect of the document. e government,

therefore, does not guarantee accuracy of title. Also, in the Registry system, a person can acquire

title to land by virtue of having had uninterrupted use of someone else’s land for ten years. is

is known as possessory title, more commonly referred to as squatter’s rights. A person cannot

acquire possessory title under the Land Titles system.

LAND REGISTRATION

SYSTEMS

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